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Words: | Submitted: Mon Jun 19 2006
... that although the plaintiff did not incur a 'legal' detriment, nor did the defendants receive a 'legal' benefit, the plaintiff still provided good consideration as the defendants received practical benefit of the work being completed on time, not having to engage another sub-contractor, and avoiding the late completion penalty clause. Glidewell LJ said that where A promised to pay B a sum of money, additional to that previously agreed as the contract price, in return for B's promise to perform his existing contractual obligations on time, and as a result of B's promise, A obtained a benefit, that benefit was capable of being consideration for A's promise to pay the additional payment which would be legally binding and enforceable, unless A's promise was obtained by economic duress or fraud. "(i) If A has entered into a contract with B to do work for, or to supply goods or services to, ...
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